This Platform is intended for use within certain geographic regions of the United States only. These Terms do not apply to the practices of your employer or other third-party services HealthDirectly has a relationship with or to other companies or individuals that HealthDirectly does not own, employ, manage or control.
You are responsible for ensuring that any personal information you provide is accurate and up to date. We may require creation of a username and password to create your Account, and if applicable, you agree to create a username and a secure password, to protect your Account from unauthorized access, and to notify HealthDirectly immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You will be held responsible for any activity that occurs under your Account. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Service by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Service that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
All rights, title and interest in and to the Platform and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Company and our licensors and vendors.
We may terminate your Account at any time for any reason. Upon termination you must stop using this Platform.
You represent and warrant that you are at least 18 years of age.
THE PLATFORM IS NOT A MEDICAL ADVICE SERVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DISGNOSIS OR TREATMENT. THE INFORMATION IN THIS WEB SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY RESPECTING NON-INFRINGEMENT, AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Use of the terms “partner” and “partnering” herein is not intended to convey or imply the existence of a legal partnership or joint venture relationship with any entity.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
YOU AGREE THAT HEALTHDIRECTLY AND ITS PARENT AND AFFILIATES (“PLATFORM-RELATED-PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS PLATFORM. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE PLATFORM-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. IF YOU ARE DISSATISFIED WITH THIS PLATFORM OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
The laws of The Commonwealth of Massachusetts govern these Terms and any cause of action arising under or relating to your use of the Platform, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this Platform, is in the state and federal courts in the Commonwealth of Massachusetts, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Platform, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
To contact us regarding these Terms or the operation of the Platform itself, contact us at 800 Boylston Street, Boston, MA, 02199.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify, Platform-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or Platform. You may not transfer or assign any rights or obligations under this Agreement. The Company may transfer or assign its rights and obligations under this Agreement.
Should you have any questions or complaints regarding violations of these Terms, please contact us at 800 Boylston Street, Boston, MA, 02199.
Last Updated: October 7th, 2019